Fernando v Commonwealth of Australia (No 4)

Fernando brought a claim against the Commonwealth of Australia, alleging that his permanent residency visa was unlawfully cancelled and he was subsequently detained in immigration detention. The central issues before the court were whether the respondents were liable for false imprisonment, misfeasance in public office, and the entitlement to aggravated and exemplary damages. The court was tasked with determining whether the actions of the respondents amounted to actionable torts and, if so, whether the applicant was entitled to the various forms of damages claimed.

The court found that the actions of the respondents did amount to false imprisonment and misfeasance in public office. The unlawful cancellation of the applicant’s visa and his detention were deemed to be unjustified and thus constituted false imprisonment. Moreover, the court held that the officers involved in these actions acted with improper motives, thereby establishing misfeasance in public office. The court also considered the applicant's claim for aggravated damages, which were awarded to reflect the distress and humiliation suffered by the applicant. Additionally, the court awarded exemplary damages to punish the respondents and deter similar conduct in the future.

The court ordered that the first respondent, the Commonwealth of Australia, pay the applicant $25,000 by way of exemplary damages. Furthermore, the first and second respondents were ordered to pay the applicant's costs. The court's decision was grounded in the need to hold public officers accountable for their actions when they exceed their lawful authority and to provide adequate redress to the victim of such unlawful acts.